STATE v. WAGNER

No. 3406.

114 Ariz. 459 (1977)

561 P.2d 1231

The STATE of Arizona, Appellee, v. Earl Davis WAGNER, Appellant.

Supreme Court of Arizona, In Division.

March 15, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer III and Thomas G. Bakker, Asst. Attys. Gen., Phoenix, for appellee.

Derickson, Kemper & Henze, by James Hamilton Kemper, Phoenix, for appellant.


CAMERON, Chief Justice.

On 29 March 1962, Earl Davis Wagner pleaded guilty to first degree murder, kidnapping, assault with intent to commit murder, and three counts of robbery. He was sentenced to two terms of life imprisonment and four terms of not less than 10 years nor more than 20 years at the Arizona State Prison. The sentencing court apparently intended the sentences to run consecutively. The defendant did not appeal from this conviction and sentence.

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